1. Main Contents
- Addition of Online Applications for Judgment Enforcement: Enterprises and individuals can now submit requests for judgment enforcement online via the National Public Service Portal or the VNeID application, rather than being restricted to physical submissions or mail as before.
(Legal basis: Clause 1, Article 9 of Decree No. 152/2026/ND-CP)
- Strict Regulations on Power of Attorney in Judgment Enforcement: Authorizing a representative to participate in the judgment enforcement process must be executed in writing, notarized or certified, and must detail the scope, duration, and specific contents of the authorization.
(Legal basis: Clause 2, Article 2 of Decree No. 152/2026/ND-CP)
- Clear Order of Priority for Payment Allocation: Upon collecting enforcement proceeds, the judgment enforcement agency will prioritize paying the principal amount awarded in the judgment first, before allocating payments toward late-payment interest.
(Legal basis: Clause 1, Article 29 of Decree No. 152/2026/ND-CP)
2. Major Impacts
Decree No. 152/2026/ND-CP significantly impacts enterprises engaged in collateral liquidation, debt recovery, or M&A activities involving non-performing loans/commercial disputes currently under enforcement.
This Decree extensively digitizes the judgment enforcement system by enabling online application submissions, process serving, and receipt of notifications via digital platforms (VNeID / Public Service Portal), saving enterprises substantial administrative costs and travel time. Furthermore, clarifying the priority order of payments and asset attachment speeds up cash flow recovery and better safeguards the legitimate rights of creditors.
3. Non-Compliance Risks
- Delayed Processing and Disrupted Debt Recovery: Occurs if the legal department submits electronic dossiers with missing attachments, incorrect file formats, or mismatched identification data of the authorized representative.
- Rejection of Representative Status: The civil judgment enforcement agency may reject the status of an authorized representative (such as debt recovery staff or lawyers) if the Power of Attorney fails to specify the scope or duration during the enforcement stage, or lacks proper notarization/certification.
- Financial Loss and Forfeiture of Payment Priority: Arises if enterprises fail to track and update themselves timely on notices regarding asset distraint or attachment served via digital platforms or post.
4. Key Takeaways
- Digital Communication Capabilities: Instead of sending personnel to judgment enforcement offices to collect documents as previously required, enterprises now have the full right to send and receive documents electronically, provided that the judgment enforcement database is synchronously connected. This requires enterprises to standardize their digital signatures, company email systems, and official accounts to ensure legal validity in transactions.
(Legal basis: Clause 1, Article 20 of Decree No. 152/2026/ND-CP)
- Transitional Provisions for Ongoing Cases: For debt recovery cases accepted by enforcement agencies prior to July 1, 2026, previously executed results (such as account freezes or asset distraints) remain fully valid. However, subsequent procedures conducted after this date must comply with the new process. Corporate legal departments must review all open case files to avoid procedural delays.
(Legal basis: Clause 1, Article 115 of Decree No. 152/2026/ND-CP)
